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Home My WebLink AboutDR16-0021RESOLUTION NO. DRI 6-0021 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR16-0021 TO CONSTRUCT 179 MULTI -FAMILY UNITS WITH 418 PARKING SPACES, ON 13.4 ACRES WITHIN THE VILLAGE 3 MASTER PLANNED COMMUNITY. APPLICANT: HOMEFED SH OTAY, LLC. WHEREAS, on July 8, 2016, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by HOMEFED SH OTAY, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to construct 179 multi -family units, 418 parking spaces, and associated open space within the Village 3 North and a Portion of Village 4 (Village 3) Plan Area (Project); and WHEREAS, the area of land which is the subject of this Resolution is two existing sites (R14/15 and R16), located in the Village Core for Village 3 (Project Site); and WHEREAS, the Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Environmental Impact Report, EIR- 13-01, and no further environmental review or documentation is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed Project is consistent with the development regulations of the Village 3 Sectional Planning Area (Village 3 SPA) Plan and Planned Community (PC) District Regulations. The proposed multi -family use is permitted and meets all of the development regulations as stipulated in the RM -1 PC District Regulations as conditioned. PC Resolution DRI 6-0021 March 22, 2017 Page 2 2. The proposed Project is consistent with the design and development standards of the Village 3 SPA Design Plan. The Project is in compliance with the Design Guidelines of the Village 3 SPA's Design Plan and Master Precise Plan, and is consistent with the SPA density requirements. The proposed 179 apartments are a permitted land use in the Village Core for the Village 3 SPA. The Project is composed of the R14/15 and R16 parcels and includes parking (primarily in garages) and open space amenities in accordance with the Village 3 SPA Plan. Design features create a "walkable" inviting environment, with pedestrian connections from the homes to the surrounding public sidewalks and adjacent trail systems. BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Design Review Permit subject to the following conditions: 1. The following shall be accomplished to the satisfaction of the Director of Development Services or designee, prior to issuance of building permits, unless otherwise specified: DEVELOPMENT SERVICES DEPARTMENT — Planning Division 1. The Project shall be developed and maintained in accordance with the approved plans for DR16-0021, which include site plans, floor plans, and elevation plans on file in the Planning Division, the conditions contained herein, and Title 19, 2. The Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -3219. 3. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission. 4. The Project shall conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding graffiti control or as approved by the Director of Development Services. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping. 6. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans. 7. In compliance with the Master Precise Plan's Design Review checklist, the Applicant shall provide pedestrian connections wherever possible. For R14/15, this includes pedestrian connections within the site, to adjacent private and public streets, and to the Village Promenade along Paseo Cultura. For R16, this includes pedestrian connections from Camino Aldea and to RI along Camino Marcela. PC Resolution DR16-0021 March 22, 2017 Page 3 8. All vehicular access points/pedestrian links shall be enhanced to meet the pedestrian paving material criteria in the Village Design Plan's Village Core Guidelines. DEVELOPMENT SERVICES DEPARTMENT — Land Development Division 9. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. CVT 16-02, 10. The Applicant shall provide a dry utility plan to conflict -check transformers and pedestals. 11. The Applicant shall provide emergency overflow easements at all sump locations to ensure walls and facilities do not prevent the emergency passage of storm water. 12. Park obligation arising from additional units shall be met in accordance with the Village 3 Parks Agreement, approved on December 6, 2016. 13. On-site drainage and sewer systems shall be private. Connection from the private development to the public sewer main shall be done perpendicularly, avoiding tree planters and other utilities. 14. The Applicant shall provide the City with proof of Pad certification prior to issuance of any building permit within the Project. DEVELOPMENT SERVICES DEPARTMENT — Landscape Division 15. The Applicant shall obtain approval of a "Landscape Documentation Package" that complies with the Chula Vista Landscape Water Conservation Ordinance, 2015 update, Municipal Code Chapter 20.12. 16. Landscape and Irrigation plans for the project shall address the following: a. R14/15 Landscape Concept Plan — Planting scheme within passive open space adjacent to Wolf Canyon shall comply with restrictions of Village 3's Brush Management Criteria (Landscape Master Plan, Sheet 18) and Preserve Edge Plan. b. R16 Design Review Site Plan — Applicant shall provide dry utility locations within the Landscape Plan. These utility locations shall be coordinated to allow for a sidewalk on the east side of Building 2 that connects with the sidewalk along Private Drive A. c. R16 Landscape Concept Plan —The Shade Structure in the "gathering area" shall be accessible from the sidewalk on Camino Aldea and from within the neighborhood. A curb ramp shall be provided at the H-01 parking stall to allow accessible access as demonstrated in the accessible route exhibit. PC Resolution DR] 6-0021 March 22, 2017 .Page 4 DEVELOPMENT SERVICES DEPARTMENT — Building Division The Applicant shall address the following Building Division Conditions of Approval at the time of Building Permit submittal to the satisfaction of the Building Official or designee. 17. This Project shall comply with 2013 California Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code and 2013 California Energy Code, as adopted and amended by the State of California and the City of Chula Vista. As well as the Green Building ordinance (CVMC 15.12) and all other locally adopted city and state requirements. 18. This Project must be designed by an Architect or Engineer licensed by the State of California. [California Business and Professional Code 5536.1, 6735]. ECONOMIC DEVELOPMENT DEPARTMENT — Environmental Division 19. The Applicant shall comply with the construction debris recycling requirements, including a performance deposit and Waste Management Report. FIRE DEPARTMENT The following Fire Department Conditions of Approval are general requirements that the Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire Marshall or designee. 20. The Applicant shall apply for required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current California edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. 21. A fire service study shall be performed that includes a hydraulic water flow analysis. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. 22. Water supply data is required to accompany an underground submittal. An official water flow letter can be obtained from the respective water authority. The water flow requirements shall be based upon the currently adopted California Fire Code. The date of the water flow test shall be no older than six months from the time of the plan submittal. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 23. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved landscape plan. PC Resolution DR16-0021 Mard 22, 2017 Page 5 24. The Applicant shall comply with all applicable mitigation measures, per Final Environmental Impact Report (FEIR) 1301. 25. Approval of the Design Review Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building pem-i t issuance. 26. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non -discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 27. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. PC Resolution DR16-0021 March 22, 2017 Page 6 IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be signed and returned to the City's Development Services D partment. _ 4 Signature of Property Owner Date Printed Name of Property Owner Signature of Applicant Printed Name of Applicant V. CONSEQUENCE OF FAILURE OF CONDITIONS Date ¢ If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VL INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PC Resolation DR16-0021 March 22, 2017 Page 7 Presented by: Kelly Broughton, FSALA Director of Development Services Approved as to form. by: Glen R.-... oogins: it Ait1ne j PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of March, 2017 by the following vote, to -wit: AYES: Gutierrez, Livag, Nava, Zaker NOES: NIA ABSENT: Anaya ABSTAIN: Calvo a rze G ierrez, Chair AT ST: R Patricia Laughlin, Secretar